General Terms and Conditions for the Use of the Agency Service (Agency Terms and Conditions) of the Verein der Gästeführer Nürnbergs „Die Stadtführer“ e.V.:
We are very pleased that you have decided to book a tour arranged by us. The general terms and conditions listed below should give you an overview of your rights and obligations from the legal relationship between you and the Verein der Gästeführer Nürnbergs „Die Stadtführer“ e.V. as the service provider agency (service agent) and set out binding terms.
The tour takes place on the basis of a service contract concluded between you (the guest/contracting agency) and the tour guide (agent). The general terms and conditions regulating this service contract will be provided to you in digital form, upon booking and confirmation of the order, by the Verein der Gästeführer Nürnbergs and our general terms and conditions will be attached for your information.
1. Basis of the agency service
1.1 The Verein der Gästeführer Nürnbergs „Die Stadtführer“ e.V. is the service agent of the contract between the guest (hereinafter also the contracting agency of the tour) and the tour guide.
1.2 The tour guide arranged by the Verein der Gästeführer Nürnbergs „Die Stadtführer“ e.V. concludes with you his/her own service contract and uses his/her own general terms and conditions. These terms and conditions will be provided to you, upon booking and confirmation of the order, by the Verein der Gästeführer Nürnbergs „Die Stadtführer“ e.V. in digital form. The general terms and conditions used by the tour guide will, after conclusion of the contract, which takes place through the confirmation of the contract in the name of the tour guide by the Verein der Gästeführer Nürnbergs „Die Stadtführer“ e.V., form a component of the service contract on the tour to be performed.
1.3 If a company, an institution or a group of private persons books tours (incl., e.g. adult education centers, school classes, associations, tour operators, incentive or event agencies), this is regarded as a “booking of a group contracting agency”. This group contracting agency is the sole contracting agency and thus in terms of the agency contract the contractual partner of the Verein der Gästeführer Nürnbergs „Die Stadtführer“ e.V.
1.4 The group contracting agency is only not the contracting agency if upon booking he expressly agrees with the service agent that he is performing the booking only as a legal representative of the later participants. In this case he must personally guarantee the costs ensuing from the booking (incl. entrance fees).
2. Notice of termination/Cancellation/Non-use of services by the Guest (Contracting Agency)
2.1 As soon as the guest has received confirmation of the booking, he can terminate the service contract only within three full working days before the agreed date at no cost. The termination can take place only by e-mail (info(at)nuernberg-tours.de) to the official office of the service agent (Der Verein der Gästeführer Nürnbergs „Die Stadtführer“ e.V.). The e-mail must be received by 4.30 pm of the fourth working day before the agreed date, in the communicated e-mail account of the office of the service agent. The service agent is authorized to receive the termination for the agent.
2.2 In the case of a notice of termination within three working days or less before the date, payment of the full agreed fee is due.
3. Liability of the service agent
The Verein der Gästeführer Nürnbergs „Die Stadtführer“ e.V. purely as a service provider agency is not liable for services and personal or property damage occurring in conjunction with a tour.
The agreed and contractual components of the services include insurance for the benefit of the guests or group contracting agency only if this is expressly agreed.
5. Assertion and statute of limitations
5.1 All claims of the guest or the group contracting agency must be asserted in writing. Claims of the guest or the contracting agency against the service agent, regardless of the legal ground, however with the exception of claims in tort by the guest or the contracting agency, become statute-barred within one year.
5.2 The statute of limitations begins with the end of the year in which the claim arose and the guest or the contracting agency learns of the circumstances which substantiate the claim against the service agent and he himself as the party against whom claims may be asserted learns or must learn without gross negligence.
5.3 For negotiations in progress on claims asserted in writing the statute of limitations is suspended until the guest or contracting agency or the service agent refuses the continuation of the negotiation. The statute of limitations arises at the earliest three months after the end of the suspension.
6. Place of Jurisdiction
6.1 The place of jurisdiction is Nuremberg.
6.2 Legal action against the service agent can only be filed at the general place of jurisdiction of the service agent.
6.3 For legal actions of the guest or the group contracting agency the general place of jurisdiction of the guest or the group contracting agency is authoritative.